Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Thursday, September 1, 2005

Doing what we do best

I very much appreciate the sentiment that motivated Rob's moving post, but I would point out that there are pressing moral issues that people with the training we have need to be thinking about RIGHT NOW. For example, in an otherwise sterling column, the usually sensible Peggy Noonan called for shooting looters on sight. Somebody somewhere soon is probably going to have make that very call, given the way things are heading down in New Orleans. Would it be morally licit to do so?

I honestly don't know what the right answer is. On the one hand, as I understand Catholic doctrine, it is morally licit for a soldier fighting a just war to kill. On the other hand, as I understand Catholic doctrine, while the death penalty has not been per se deemed morally illicit, recent Church teaching has been trending in that direction and, in any event, makes clear that there are very few cases in which it can be justified. For a police officer or National Guardsman to shoot armed looters, especially in self-defense or defense of others, strikes me as clearly being more closely analogous to the former. On the other hand, for a police officer or National Guardsman to shoot unarmed looters in defense of property looks more like an extra-judicial execution.

Thoughts? BTW, I posted essentially the same observation over at my personal blog, where I also opened the comment section so that people who want to chime in can do so.

Tragedy and Detachment

Usually when a natural disaster hits, I find myself effectively intellectualizing the tragedy, focusing on big-picture issues that call for problem-solving or logical analysis, rather than the person-by-person anguish that has unfolded.  So when the tsunami hit in December, I focused on the theological implications, which make for fantastic and important debate, but can sometimes distance us from the ground-level reality.  That changed a couple of weeks later when we learned that a close friend of my wife's from college had been swept away by the tsunami in Thailand.  The debate suddenly became less vital to me. 

There was no chance of intellectualizing Katrina.  As a graduate of the University of New Orleans, for four years I lived steps away from Lake Pontchartrain, and still have many good friends in the city.  So the impact of Katrina, for me, is not captured by the panoramic scenes of flooding, the gambling barges tossed onto buildings in Mississippi, the skyrocketing gas prices, or even the law students with their futures in limbo.  I think of my friends Chuck and Becky, of their beautiful but now uninhabitable home near the lake, and of the fear and confusion faced by their young kids.  I also think of their deep family roots in New Orleans, and of sunny February mornings during college standing in the front yard of Becky's childhood home as the Mardi Gras parades went by, a home that is now almost certainly underwater.

I might be speaking for myself (but I doubt it) when I confess that lawyers, and especially law professors, are very adept at using our minds to detach ourselves from suffering.  Indeed, I catch myself unconsciously teaching my Torts students to do the same thing as I gloss over (or worse yet, make a joke of) the horrific suffering of plaintiffs that fills our casebook, recasting it without even skipping a beat as a problem to be solved through the application of legal reasoning.  I hope that I can teach myself, as well as my students, to make sure that I don't even think about solving someone's problems until I've come alongside and mourned their loss.

Rob